THIS PRIVACY POLICY HAS BEEN UPDATED AS OF OCTOBER 8, 2019

Terms of Use

Please read this Policy carefully. The terms and conditions set forth below (the "terms") govern you while on this site on the World Wide Web (the "site") operated by Empowerment Technologies Inc. o/a Defender (“ETI”) and are legally binding on you. If you do not agree with any of the listed conditions, do not access or otherwise use this site or any information contained on this site. Your use of the site shall be deemed to be your agreement to each of the terms set forth below. This Policy informs you of the ways we ensure privacy and the confidentiality of Personal Data. We are compliant with applicable privacy laws in the countries in which we operate. This policy describes the information we gather, how we may use those Personal Data and the circumstances under which we may disclose such information to third parties.

Collecting Information

We ask for specific information so that we can fulfill your order, send you messages regarding your order by email, and further enhance your shopping experience. The customer's contact information is also used to get in touch with the visitor when necessary.

When you place an order, we need to know your name, email address, password, shipping address, ­ phone number, etc. This allows us to process and fulfill your order, and to notify you of your order status. We're always striving to improve your shopping experience by personalizing it. We monitor anonymized customer traffic patterns in order to help us continuously improve the site's design and layout.

Every employee servicing us is made aware of and is expected to comply with all our Privacy and Security policies.

In addition, you agree to our Messaging Terms (https://terms.pscr.pt/legal/shop/defender-usa/terms_of_service) and Messaging Privacy Policy (https://terms.pscr.pt/legal/shop/defender-usa/privacy_policy).

 **SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS**

ETI (hereinafter, "We," "Us," "Our") is offering a mobile messaging program (the "Program"), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the "Agreement"). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the "Dispute Resolution" section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.

**User Opt In:** The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system ("ATDS" or "autodialer"). Message and data rates may apply.

**User Opt Out:** If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.

**Duty to Notify and Indemnify:** If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.

**YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.**

**Program Description:** Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of [DESCRIBE COMPANY'S GOODS/SERVICE OFFERING – THIS SHOULD BE BROAD AND GENERAL TO ENCOMPASS ANYTHING AND EVERYTHING YOU MIGHT SEND. FOR EXAMPLE, "DIGITAL AND TELECOMMUNICATIONS PRODUCTS AND SERVICES."].

**Cost and Frequency:** Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.

**Support Instructions:** For support regarding the Program, text “HELP” to the number you received messages from or email us at [COMPANY'S CUSTOMER SERVICE EMAIL ADDRESS]. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.

**MMS Disclosure:** The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.

**Our Disclaimer of Warranty:** The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages.

**Participant Requirements:** You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.

**Age Restriction:** You may not use of engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.

**Prohibited Content:** You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:

- Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
- Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
- Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
- Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
- Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
- Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.

**Dispute Resolution:** In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge, LLC d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in [Your City, Your State] before one arbitrator.

The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which [Your Company’s Name]’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to

Cookies, Automatic Data Collection, And Related Technologies 

When you access or use Defender’s Services, we and third parties that may provide certain functionality for Defender’s Services, such as social media or advertising networks, may engage, receive, collect, and store certain types of information through automatic data collection tools including cookies, pixel tags, web beacons, embedded web links, and similar technology. These technologies may collect information including, but not limited to, information such as your Internet Protocol (IP) address, browser type, the date and time that you use the Defender Services, referring/exit pages and URLs, number of clicks, cookies that may uniquely identify your browser, and information about your mobile device.

 

Defender may choose to buy, sell, or transfer assets. In these types of transactions, information about Customers as well as aggregated and anonymized data is typically one of the business assets that is transferred. Moreover, if Defender, or substantially all its assets were acquired, user information would be one of the assets that is reviewed and transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of Defender may continue to use your personal information as set forth in this Privacy Policy.

 

We use Hotjar in order to better understand our users’ needs and to optimize this service and experience. Hotjar is a technology service that helps us better understand our users’ experience (e.g. how much time they spend on which pages, which links they choose to click, what users do and don’t like, etc.) and this enables us to build and maintain our service with user feedback. Hotjar uses cookies and other technologies to collect data on our users’ behavior and their devices. This includes a device's IP address (processed during your session and stored in a de-identified form), device screen size, device type (unique device identifiers), browser information, geographic location (country only), and the preferred language used to display our website. Hotjar stores this information on our behalf in a pseudonymized user profile. Hotjar is contractually forbidden to sell any of the data collected on our behalf.

For further details, please see the ‘about Hotjar’ section of Hotjar’s support site.

Cookies are small text files placed in visitors’ web browsers to store their preferences or provide certain functionality. Most browsers allow you to block and delete cookies. However, if you do that, Defender’s Services may not work properly.

 

By using the Services, you are authorizing us to gather, parse, and retain data, including Personal Information, related to the provision of the Defender Services.

 

Aggregate Data

 

We may de-identify and aggregate data collected through the Defender Services and use it for any purpose. It is important to remember that such information does not identify you individually.

 

Links to Third Party Websites

 

The Defender Services may contain links to certain third-party websites, which are outside ETI’s control and are not covered by this Privacy Policy. We do not own or operate such linked sites, and we are not responsible for the privacy policies or practices of such linked sites. Privacy policies and practices for such linked sites may differ from this Privacy Policy and our practices. We encourage you to read the privacy policies of such linked sites before disclosing your personal information on such sites, as those privacy policies will apply to information collected through those third-party websites.

 

General Restrictions

 

All information, documents, products and Services, trademarks, logos, graphics, and images ("Materials") provided on this site are copyrighted or trademarked and are the property of ETI and its listed subsidiaries. Any unauthorized use of any Material contained on the site may violate copyright laws, trademark laws, and the laws of privacy and communications statutes.

 

ETI grants you the limited right to display the Materials only on your personal computer for your personal use. You agree not to use the Materials for any other purpose without the prior written consent of ETI. Without limitation, you agree not to reproduce, re-distribute, sell, publish, broadcast or circulate any information contained in the Materials to anyone, including others in the same company or organization. You may not post content from this site to news groups, mail lists, or bulletin boards. You acknowledge and agree that, except as set forth herein, you have no right to modify, edit, alter or enhance any of the Materials in any manner. This limited license terminates automatically, without notice to you, if you breach any of these terms. Upon termination, you agree to immediately destroy any printed or downloaded Materials. You agree not to "frame" or "mirror" any Materials or third-party content contained on this site on any other server or internet-based device without the advanced written permission of ETI or its licensors, respectively.

 

This site may be linked to other sites on the World Wide Web or Internet which are not under the control of or maintained by ETI. Such links do not constitute an endorsement by ETI. You acknowledge that ETI is providing these links to you only as a convenience; you further agree that ETI is not responsible for the content of such sites.

 

Certain areas of this site are password restricted to authorized users ("Restricted Areas"). If you are an authorized user of the Restricted Areas, you agree that you are entirely responsible for the confidentiality of your password and account information; and you further agree to notify ETI immediately if your password is lost, stolen, disclosed to an unauthorized third party, or otherwise may have been compromised. You agree that you are entirely responsible for any and all activities which occur under your account, including any fees which may incur under your password protected account regardless of whether you may not be the individual who undertakes such activities. You agree to immediately notify ETI of any unauthorized use of your account or any other breach of security in relation thereof known to you.

 

You acknowledge that this site may include certain inaccuracies or typographical errors which may affect the quality of Materials and third-party content. You acknowledge that the Materials or any third-party content have not been independently verified or authenticated in whole or in part by ETI and agree that ETI does not warrant the accuracy or timeliness of Materials or the third-party content, and further agree that ETI has no liability for any omissions in the Materials and third-party content, whether provided by ETI or any third-party.

 

General Disclaimer

 

Services and Materials are intended only for ETI’s customers and are provided only for your convenience. ETI grants you no license or property rights to any such Services and Materials. ETI does not warrant the accuracy, completeness, or reliability of Services and Materials and other items contained on this server or any other server. Therefore, you are not to rely on any Services or Materials provided in this site unless we expressly advise you in writing that you can. You understand and accept that Defender Services are provided “as is” and any expressed or implied warranties of merchantability and fitness for a particular purpose are disclaimed. In no event shall ETI and/or Defender be liable of any direct, indirect, incidental, special, exemplary, or consequential damages.

 

Limitation of Liability

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ETI SHALL NOT BE LIABLE TO YOU OR THIRD-PARTY CLAIMING THROUGH YOU FOR ANY DAMAGE SUFFERED AS A RESULT OF YOUR DISPLAYING, COPYING OR DOWNLOADING INFORMATION OR MATERIAL CONTAINED ON THIS SITE. IN NO EVENT SHALL ETI BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, WHETHER FOR BREACH OR IN TORT EVEN IF DEFENDER HAS PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH POSSIBLE DAMAGE.

 

You further agree to release and to indemnify, defend and hold harmless ETI and its parents, subsidiaries, affiliates and agencies, as well as the officers, directors, employees, shareholders and representatives of any of the foregoing entities, from and against any and all losses, liabilities, expenses, damages, costs (including attorneys’ fees and court costs) claims or actions of any kind whatsoever arising or resulting from your use of this site, any violation of this Disclaimer, and any of your acts or omissions that implicate publicity rights, defamation or invasion of privacy. If you are obligated to indemnify ETI, ETI reserves the right, at its own expense, to assume exclusive defense and control of any matter and, in such case, you agree to cooperate with ETI in the defense of such matter.

 

Jurisdiction and Governing Law

 

ETI controls and operates this site from its headquarters in Canada. If you use this site from outside Canada, you are entirely responsible for compliance with applicable local laws, including but not limited to the export and import laws of other countries in relation to the Materials and third-party content.

 

Defender is committed to protecting your privacy and safeguarding your personal information. We protect and use your information by observing the principles and guidelines in the Personal Information Protection and Electronics Documents Act (PIPEDA) and Canada’s Anti-Spam Law (CASL).

 

Any dispute shall be submitted to the exclusive jurisdiction of the Province of Ontario, Canada. This Policy shall be governed by and construed and interpreted in accordance with the substantive laws of Ontario, Canada excluding the conflict of law rules.

 

Violation of Terms of This Site

 

If you violate the terms of this site, ETI reserves the right to terminate Service to you without further notice or explanation. ETI’s preferred course of action is to advise you of your inappropriate behavior and advise you of any corrective action. However, flagrant violations of these Terms as determined by ETI in its sole discretion; will result in immediate termination of Service.

 

You agree that ETI and its licensors may make improvements and/or changes in the Services and prices described in this site, if any, at any time without notice, and further agree that ETI can revise these Terms at any time without notice by updating this posting. Your continued use of the site after such modifications have been made constitutes your acceptance of such revised Terms.

 

The failure of ETI to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by ETI in writing. The Terms comprises the entire agreement between you and ETI and supersede all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein. Your use of the Site, however, is subject to the additional disclaimers and caveats that may appear throughout the site.

 

Trademarks

 

Defender is a trademark of ETI in Canada, United States and other countries. Unauthorized use or duplication of these marks is strictly prohibited by law.